APPEAL AGAINST SENTENCE FOR MANSLAUGHTER

Greymouth Evening Star, 5 July 1950, Page 8

APPEAL AGAINST SENTENCE FOR MANSLAUGHTER

WELLINGTON, July 4 (P.A.) .— Submissions on behalf of Chesley Lachlan Brooks, who was convicted In Auckland on May 11 on the manslaughter of Frederick Stanley .Hodson, were put to the Court of Appeal today. On the Bench were the Chief Justice (Sir Humphrey O’Leary), Mr Justice Callan, Mr Justice Stanton, Mr Justice Hay and Mr Justice Cooke. Mr W. H. Cunningham appeared for the Crown. . Mr L. P. Leary, appearing with Mr R. Davison for Brooks, referred to manslaughter cases in New Zealand during the last 10 years and submitted that the sentence of 12 years’ imprisonment with hard labour imposed on Brooks by Mr Justice Finlay was excessive and not in keeping with the desire expressed by members of the Bench to achieve and maintain consistency in sentences. Different versions .of the actual shooting had been given by Brooks to the Wellington police on his arrest on February 17 and in evidence at his trial. Brooks had testified during the trial that as he tried to shake the pack from his back to get into Hodson s car the shotgun he was carrying was fired and accidentally killed Hodson. Mr Leary said that on those facts the trial judge had summed up, and his suggestion to the jury that they bring in a verdict of manslaughter negatived intent to kill altogether. Counsel at the trial had argued murder or accident, but the trial judge had specifically stated manslaughter to the jury. ’ . , , The appeal was still being heard when the court adjourned.